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201404665
<br />2.6.1 All exterior doors and windows or other fixtures designed to serve a single unit but which are
<br />located outside the boundaries of the unit.
<br />The right to the exclusive use of the limited common elements shall not be transferred, assigned or
<br />conveyed separate or apart from the unit. In the event that a unit is conveyed, the right to the exclusive use of
<br />the limited common elements shall automatically be transferred to the new owner. Any lien, including, without
<br />limitation, the lien of a mortgage or a deed of trust, arising against a unit, shall also be a lien against the owner's
<br />right of exclusive use of the limited common elements, and the foreclosure of a mortgage or deed of trust upon
<br />the unit, or that taking of a deed in lieu thereof, or a trustee's sale under a deed of trust or any other proceedings
<br />for foreclosing liens on a unit shall carry with it and transfer to the foreclosing party or purchasers at any
<br />sheriff's sale or trustee's sale the exclusive use of the limited common elements. Partial or full satisfaction or
<br />release of any such lien upon a unit shall similarly be a satisfaction and release of the lien against the right to the
<br />exclusive use of the limited common elements.
<br />2.7 Prohibition of Severance or Partition of a Unit Estate. No owner shall be entitled to sever his
<br />interest in his unit from his undivided interest in the common elements, his right to the use of the limited
<br />common elements and his right and easement to the use and enjoyment of the common elements. The
<br />undivided interest in the common elements as established by this Declaration and the fee title to their respective
<br />units shall not be separated, severed, partitioned, or separately conveyed, encumbered or otherwise transferred,
<br />and each such undivided interest in the common elements shall conclusively be deemed transferred or
<br />encumbered with the unit to which it is appurtenant even though the description in the instrument of
<br />conveyance or encumbrance may refer only to the unit. The provision of Nebraska Law relating to partition of
<br />real property shall not be available to any owner of a unit or of any other interest in real property included in the
<br />condominium as against any other owner or owners or units or of any other interest in the condominium as to
<br />terminate the condominium status created by the recording of this Declaration; provided, however, nothing
<br />contained in this Declaration shall be construed as a limitation on partition by joint owners of one or more units
<br />as to individual ownership of such unit without terminating the condominium status, or as to the ownership of
<br />such unit and real property outside the limits of the condominium status. Nothing contained in this section shall
<br />be construed to preclude an owner of a unit from creating a co- tenancy in the ownership of a unit with any other
<br />person or persons.
<br />ARTICLE III.
<br />EASEMENTS
<br />3.0 Utility Easement. There is hereby created an easement upon, across, over and under the common
<br />elements for reasonable ingress, egress, installation, replacing, repairing or maintaining of all utilities,
<br />including, but not limited to water, sewer, telephone, cable television, natural gas and electricity. By virtue of
<br />this easement, it shall be expressly permissible for the providing utility company to erect and maintain the
<br />necessary equipment on the common elements. Notwithstanding anything to the contrary contained in this
<br />section, no sewers, electrical lines, water lines, or other utility or service lines may be installed or relocated on
<br />the common elements except as initially designed, approved and constructed by the Declarant or as approved by
<br />the Association. This easement shall in no way affect any other recorded easements on the common elements.
<br />3.1 Easements for Encroachments. Each unit and the common elements shall be subject to an easement
<br />for encroachments, including, without limitation, encroachments of walls, ceilings, ledges, floors, and roofs
<br />created by construction, settling and overhangs as originally designed and constructed or as exists as
<br />discrepancies between the attached map and diagram and the actual construction. If any portion of the common
<br />elements shall actually encroach upon any unit, or if any unit shall actually encroach upon any portion of the
<br />common elements, or if any unit shall actually encroach upon another unit, as the common elements and the
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